Movement Fund - terms and conditions

It's important you read all the terms and conditions of the award, so the organisation understands how it must treat the funding.

The award offer needs to be accepted by two people authorised to do so.

This would usually be a committee member or, for an incorporated organisation, a director.

Sport England recommend these conditions are shared with all persons with legal responsibility for the organisation.

Definitions

“We” and “our” and “us” refer to the organisation receiving the Award bound by these terms and conditions.

“You” and “your” means Sport England.

The "Project" means the project that you're giving us the Award for as set out in our application form and any supporting documents we provided.

The “Award Agreement” includes and incorporates the standard terms and conditions and any additional conditions presented in the Award letter.

The ”Award” is the Award as set out in the Award Agreement.

1.1 We will only use the Award for the purpose which we set out in our application form submitted to Sport England to apply for the Award (the “Application Form”). We will hold any unused part of the Award on trust for you at all times, and we will repay the Award (including any unused portion of the Award) to you immediately upon demand.

1.2 During the continuation of the Award Agreement we will act in a fair and open manner without distinction as to race, religion, age or disability, and in compliance with relevant legislation.

1.3 We'll make sure that all current members of our governing body and/or our executive team, if we're a statutory organisation, and all future members appointed during the period of the Award and in accordance with clause 9.1 below receive a copy of these terms and conditions.

2.1 We will get your written agreement before making any change to the Project.

2.2 We will start the Project in accordance with the timescales set out in the Award Agreement, unless otherwise agreed.

2.3 We agree to make satisfactory progress with the project in accordance with any timetable set out in our Application Form and supporting documents and to complete it within one year of the Award.

2.4 We will keep full records of the Project expenditure and ensure a full audit trail of transactions. We will not pay for goods or services in cash but always in a payment method that can be tracked and reported on.

2.5 We will not use the Award to pay for any spending commitments we have made before the date of the Award Agreement.

2.6 We will tell you of any offer of funding for the Project from anyone else at any time during the Project.

2.7 If we spend less than the whole Award on the Project, we will return the unspent amount to you promptly. If the Award part-funds the Project, we will return the appropriate share of the unspent amount to you.

2.8 If the Project makes a distributable profit, we will notify you within 28 days of filing our accounts for the year in which the profit was made. We agree to pay to you a proportion (to be decided by you) of any such profit within six months of our accounts being filed.

2.9 We will acknowledge the Award publicly as appropriate and as practical. We will follow your branding and publicity guidelines as shown on your website at all times. We will acknowledge your support in any published documents that refer to the Project, including job advertisements, accounts and public annual reports, or in written or spoken public presentations about the Project.

2.10 We hereby consent to any publicity about the Award and the Project as you may from time to time require. You can carry out any forms of publicity and marketing to promote the award of the Award as you see fit. We agree to do whatever you reasonably require in order to assist with any form of publicity and marketing, including any press or media related activities.

2.11 We will tell you promptly about any changes to information we have provided and will make sure that the information you hold is always true and up to date.

2.12 In our management of all personal information we will meet the requirements of the Data Protection Act 2018 and the General Data Protection Regulation (2016/679).

2.13 We will tell you immediately if any of our key contacts or people whose salaries are funded by the Award change.

2.14 We agree to adhere to all laws regulating the way we operate, the work we carry out, the staff we employ or the goods we buy and will manage any conflicts of interest appropriately. We will ensure that we have an equal opportunities policy and if our Project involves work with children, young people or other vulnerable groups we will also have a protection policy to help us comply with all relevant laws and good practice throughout the period of the Award Agreement and in accordance with clause 9.1 below. We will obtain all approvals and licences and any profile checks required by law or by you.

2.15 If we are a charity, we will register with the Charity Commission if our income goes over their minimum exemption figure.

2.16 We will maintain adequate insurance at all times and if asked, will supply copies of confirmation of insurance cover to you. This includes employee and public liability insurance and insurance that covers the full replacement value of any assets you have funded.

3.1 We will get your written agreement before changing our governing document, (unless we are a statutory organisation) concerning our aims, payments to members and members of our governing body, the sharing out of our assets (whether our organisation is dissolved or not), or the admission of any new members; or transferring our assets to, or merging or amalgamating with, any other body, including a company set up by us.

3.2 We will write to you as soon as possible if any legal claims are made or threatened against us and/or which would adversely affect the Project during the period of the Award (including any claims made against members of our governing body or staff concerning the organisation).

3.3 We will tell you in writing as soon as possible of any investigation concerning our organisation, trustees, directors, employees or volunteers carried out by the Police, the Charity Commission, HM Revenue & Customs, or any other regulatory body.

3.4 We will be available for meetings with you and allow full and free access to our records however and wherever held and to any of our offices or buildings to you, or those acting for you or to the National Audit Office.

3.5 We will let you know if our governing body falls below three members and will increase it to at least three as soon as possible.

4.1 We acknowledge that the Award is not consideration for any taxable supply for VAT purposes by us to you. We understand your obligation does not extend to paying us any amounts in respect of VAT in addition to the Award and that the Award made by you is inclusive of VAT.

5.1 We will acknowledge the Award in our annual reports and accounts covering the period of the Project.

5.2 We will show the Award and related expenditure as a restricted fund under the description “Sport England Grant” in our organisation’s annual accounts. If we have more than one restricted fund, or, as a statutory authority, cannot show restricted funds in our accounts, we will include a note to the accounts identifying each restricted fund separately. If we have more than one grant from you, we will record each grant separately in the notes to the accounts. We will identify unspent funds and assets in respect of the Award separately in our accounting records.

5.3 We will keep proper and up to date accounts and records for at least seven years after the receipt of the Award, including summary profit and loss accounts and management accounts, personnel and payroll records and invoices, which show how the Award has been used. We will make these financial records available to you upon request.

5.4 We will report regularly and fully to all members of our governing body on the financial position of our organisation.

6.1 We will measure the progress of the Project and report back to you within one month of the Project finishing or within 13 months from the date of the Award agreement, whichever is the sooner, and thereafter on a monthly basis until the Project is finished.

6.2 We will send you any further information you may ask for about the Project or about our organisation and its activities, the number of jobs created by the Project, the number of users and other beneficiaries and such other information you may require from time to time. You may use this information to monitor the Project and evaluate your grants programmes.

6.3 When the Project is finished, we will fill in a final report on the Project using the form provided to us.

6.4 We will tell you immediately in writing of anything that significantly delays, threatens or makes unlikely the Project’s completion.

6.5 We will tell you immediately if there is to be any variation to or decrease in the Project outcomes.

7.1 We will ensure that we have proper employment policies and procedures in place at all times. We will pay attention to equalities in the recruitment and selection process for any fixed term or contracted staff employed using the Award.

7.2 Where the Award is for a salary of a new fixed term post, we will advertise the vacancy externally, using appropriate media (including media that could attract people from disadvantaged groups). We must keep the job description, advertisement, a list of the publications where we placed the advertisements and a copy of the letter of appointment and send them to you if you ask for them.

7.3 We will maintain all main financial records including personnel and payroll records for staff funded by you for seven years after the Project has finished. We will complete all statutory returns for employees and make all relevant payments to cover their pensions and salary deductions, such as income tax and National Insurance contributions.

7.4 We acknowledge and agree that where the Award is for a salary, we will be responsible for any redundancy and/or termination costs and cannot in any circumstances use the Award (in whole or in part) towards redundancy payments and/or termination costs.

8.1 If any part of the Award is to buy a capital item, series of capital items, such as equipment or other items, or particular services we will keep all receipts and invoices over £250 for you to look at for seven years after the Award Agreement.

8.2 We will keep all assets funded by the Award safely and in good repair and will make sure we have adequate insurance cover for all of them. Any loss resulting from payments made for assets before delivery will be our responsibility. If the asset is damaged, destroyed or stolen, we must tell you in writing and we must repair or replace it.

8.3 We acknowledge that no part of the Award may be used for the replacement of any asset previously funded by the Award and that if any such asset is lost, damaged or destroyed, we will be obliged to use our other financial resources to procure that it is replaced or repaired as appropriate.

9.1 These terms and conditions and the Award Agreement remain in force for whichever of these is the longest time:

For two years following the date of payment of the Award.
As long as any part of the Award remains unspent.
The expiry of the maximum period required under the Award for asset monitoring.
As long as we do not carry out any of the terms and conditions of the Award Agreement, including any of your reporting requirements or any breach of them continues or we have any outstanding obligations under these terms (this includes any outstanding reporting on grant expenditure or Project delivery or any obligations to maintain records).

10.1 Sport England takes its responsibilities to prevent and detect fraud very seriously and in the event of any fraud relating to the Project or other wrongful use of the Grant it will seek recovery of losses (not limited to those pursued under 10.5 below) and, where appropriate, pursue criminal prosecution.

10.2 We accept that you may share information about the Award with any parties of your choice as well as with members of the public who make a request for information under the Freedom of Information Act 2000. Details of the Project may be broadcast on television, on your website, in newspapers and through other media.

10.3 You will not increase the Award if we spend more than the agreed budget.

10.4 You may want to investigate any matters concerning the Award (or any other Awards you have given to us) at any time while the Award Agreement is in force. We understand that you accept no liability for any consequences, whether direct or indirect, that comes about from any investigation even if the investigation finds no cause for concern.

10.5 You may demand repayment of all or part of the Award and/or cancel any unpaid part of the Award at your absolute discretion in any of the following circumstances if:

we fail to meet any of these terms and conditions, or the terms and conditions attached to any other grants from you for which a grant agreement is still in force
we completed the Application Form dishonestly or significantly incorrectly or misleadingly
we or any other person or organisation operating for us gave you any significantly misleading or inaccurate information, whether deliberate or accidental, during the application process, or during the period of the Award Agreement
at any time while the Award Agreement is in force, in your opinion acting reasonably, any event occurs in relation to the Project or to our organisation which is likely to have a material adverse effect on Sport England as a custodian and distributor of publicly generated funds and/or as a Government sponsored body
members of our governing body, volunteers or staff act at any time during the Project dishonestly or negligently or in any way, directly or indirectly, to our detriment or to the detriment of our organisation or the Project or to the detriment of your reputation
our organisation, members of our governing body, employees or volunteers are subject to an investigation or formal enquiry by the Police, the Charity Commission, HM Revenue & Customs, or other regulatory body
we receive duplicate funding from any other source for the same or any part of the Project
we do not take positive steps to ensure equal opportunities in our own employment practices and the delivery of and access to our services
there is a significant change of purpose, ownership or recipient, either during the Project or within a reasonable period after its completion, so that you judge that the Award is unlikely to fulfil the purpose for which you made it
at any stage of the application process or during the period of the Award Agreement we do not let you have information that would affect your decision to award, continue or withdraw all or part of the Award
we are, or become, legally ineligible to hold the Award
if you have reasonable grounds to believe that it is necessary to protect public money.

10.6 We acknowledge that the Award comes from public funds and we will not use the Award in a way that constitutes an unlawful subsidy as defined by the Subsidy Control Act 2022. In the event that it is deemed to be an unlawful subsidy, then we will repay the entire Award immediately.

10.7 You may assign any of your rights under the Award Agreement to any other or successor body.

10.8 No other body has any claims on you under these terms and conditions and person shall be entitled to any rights in respect of the Award Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11.1 You have the right to impose additional terms and conditions on the grant if:

we are in breach of the Award Agreement
you judge that members of our governing body, volunteers or staff or any person or organisation closely involved in carrying out the Project act in a way that may have a detrimental effect on the Project or on your reputation as a distributor of public money or as a Government sponsored body
if you have reasonable grounds to believe that it is necessary to protect public money and/or you believe such conditions are necessary or desirable to make sure that the Project is delivered as set out in our application or following any agreed changes.

By signing the grant acceptance form you have confirmed the following:

The two signatories are authorised by the organisation named in the application form to enter into a legally binding agreement on their behalf.
We certify that the information given in the Application Form and any supporting documents is true and confirm that the enclosures are current, accurate and adopted or approved by our organisation.
We understand that any offer of an Award will be subject to terms and conditions and we confirm that the organisation has the power to accept the Award if the application is successful and to repay it if the Award conditions of the Award Agreement are not met.

Movement Fund - terms and conditions

Definitions

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